[Federal Register Volume 80, Number 131 (Thursday, July 9, 2015)]
[Proposed Rules]
[Pages 39403-39406]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-16808]
[[Page 39403]]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2015-0051]
RIN 1625-AA11
Regulated Navigation Area; Ice Covered Waterways in the Fifth
Coast Guard District
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing to establish a Regulated
Navigation Area (RNA) on the navigable waters of the Fifth Coast Guard
District. This RNA will allow the Coast Guard to impose and enforce
restrictions on vessels operating within the RNA where a threat to
navigation exists due to ice covered waterways. This action is
necessary to promote navigational safety, provide for the safety of
life and property, and facilitate the reasonable demands of commerce.
DATES: Comments and related material must be received by the Coast
Guard on or before October 7, 2015.
Requests for public meetings must be received by the Coast Guard on
or before August 10, 2015.
ADDRESSES: Documents mentioned in this preamble are part of Docket
Number USCG-2014-0051. To view documents mentioned in this preamble as
being available in the docket, go to http://www.regulations.gov, type
the docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on
``Open Docket Folder'' on the line associated with this rulemaking. You
may also visit the Docket Management Facility in Room W12-140 on the
ground floor of the Department of Transportation West Building, 1200
New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
You may submit comments, identified by docket number, using any one
of the following methods:
(1) Federal eRulemaking Portal: http://www.regulations.gov.
(2) Fax: (202) 493-2251.
(3) Mail or Delivery: Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries
accepted between 9 a.m. and 5 p.m., Monday through Friday, except
federal holidays. The telephone number is 202-366-9329.
See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for further instructions
on submitting comments. To avoid duplication, please use only one of
these three methods.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email LT Tiffany Johnson, Fifth Coast Guard District Waterways
Management Branch, U.S. Coast Guard; telephone 757-398-6516, email
[email protected]. If you have questions on viewing or
submitting material to the docket, call Cheryl Collins, Program
Manager, Docket Operations, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
RNA Regulated Navigation Area
A. Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided.
1. Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation. You may submit your comments and material online at
http://www.regulations.gov, or by fax, mail, or hand delivery, but
please use only one of these means. If you submit a comment online, it
will be considered received by the Coast Guard when you successfully
transmit the comment. If you fax, hand deliver, or mail your comment,
it will be considered as having been received by the Coast Guard when
it is received at the Docket Management Facility. We recommend that you
include your name and a mailing address, an email address, or a
telephone number in the body of your document so that we can contact
you if we have questions regarding your submission.
To submit your comment online, go to http://www.regulations.gov,
type the docket number USCG-2015-0051 in the ``SEARCH'' box and click
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with
this rulemaking.
If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period and may change the rule
based on your comments.
2. Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
type the docket number USCG-2015-0051 in the ``SEARCH'' box and click
``SEARCH.'' Click on Open Docket Folder on the line associated with
this rulemaking. You may also visit the Docket Management Facility in
Room W12-140 on the ground floor of the Department of Transportation
West Building, 1200 New Jersey Avenue SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays.
3. Privacy Act
Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
4. Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one, using one of the methods specified under ADDRESSES.
Please explain why you believe a public meeting would be beneficial. If
we determine that one would aid this rulemaking, we will hold one at a
time and place announced by a later notice in the Federal Register.
B. Regulatory History and Information
This is the first publication for this proposed action.
C. Basis and Purpose
The legal basis for this rulemaking is 33 U.S.C. 1231; 46 U.S.C.
Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1,
6.04-6, 160.5; Public Law 107-295, 116 Stat. 2064; and DHS Delegation
No. 0170.1. Under these authorities the Coast Guard may establish a
Regulated Navigation Area in
[[Page 39404]]
defined water areas that are determined to have hazardous conditions
and in which vessel traffic can be regulated in the interest of safety.
The purpose of this RNA is to mitigate the potential threat ice poses
to the maritime public in the Fifth Coast Guard District by
implementing control measures on vessels of certain characteristics.
During an average or severe winter, the presence of ice in
waterways presents numerous hazards to vessels. Such hazards include
vessels becoming beset or dragged off course, sinking or grounding and
creating hazards to navigation. The presence of ice in a waterway may
hamper a vessel's ability to maneuver. Visual aids to navigation may
become submerged, destroyed, or moved off station, potentially
misleading the vessel operator to unsafe waters. Ice abrasions and ice
pressure may compromise a vessel's watertight integrity, and non-steel
hulled vessels would be exposed to a greater risk of hull breach.
Vessels operating in these conditions could introduce hazards to the
maritime public and environment.
To ensure navigation and vessel safety, the cognizant COTP will
impose navigation restrictions through this regulation in ice covered
waters. Ice generally begins to form in the northern area of the Fifth
Coast Guard District between late December and early January, and later
in the southern area. Once ice buildup begins, it may affect the
transit of large ocean-going vessels. Air and water temperatures
typically return to levels that are no longer favorable for ice
formation in early to mid-March.
D. Discussion of the Proposed Rule
To address the aforementioned hazards, this proposed rule will
establish an RNA encompassing all navigable waters of the United
States, as that term is used in 33 CFR 2.36, within the geographic
boundaries of the Fifth Coast Guard District, as defined in 33 CFR
3.25-1. The Coast Guard will implement control measures on vessels with
certain characteristics in waterways when necessary to safeguard people
and vessels from the hazards associated with ice. As indicated above,
the Coast Guard expects to control marine traffic in certain waterways
if ice conditions present hazards that threaten safe navigation.
Whenever it is determined that control measures are necessary, the
cognizant COTP will notify the maritime community of any limitations,
restrictions, or prohibitions in place affecting vessels that intent to
transit through the RNA. Notification will be through a variety of
means, including via a variety of means, the Homeport Web site, Marine
Safety Information Bulletins, email notifications and Broadcast Notice
to Mariners. When determining if vessels may transit through the RNA,
the Coast Guard will consider the prevailing ice conditions, hull
material types, horsepower, volume of vessel traffic and any other
relevant factors. Vessels capable of operating in the prevailing ice
condition will be allowed to enter into or transit within the RNA as
specified by the cognizant COTP.
E. Regulatory Analyses
We developed this rulemaking after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on these statutes and executive orders.
1. Regulatory Planning and Review
This proposed rule is not a significant regulatory action under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
as supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. Although this proposed
regulation could limit or prevent traffic from transiting certain
waterways in the Fifth Coast Guard District, the effect of this
proposed regulation will not be significant because there is little
vessel traffic associated with recreational boating and commercial
fishing during the effective period. The Coast Guard anticipates only
having to implement control measures in certain waterways within the
RNA for limited durations of time. Vessel traffic capable of operating
in such conditions will be allowed to enter into or transit within the
RNA as specified by the cognizant COTP. The cognizant COTP will make
notifications of the regulated area to the maritime public via maritime
advisories so mariners can adjust their plans accordingly.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The Coast Guard
certifies under 5 U.S.C. 605(b) that this rule will not have a
significant economic impact on a substantial number of small entities.
This proposed rule will affect the following entities, some of which
may be small entities: The owners or operators of vessels intending to
enter into or transit within the RNA during times when ice formation is
favorable. This regulated navigation area will not have a significant
economic impact on a substantial number of small entities for the same
reasons described under Regulatory Planning and Review.
3. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the proposed rule
would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact the person listed in the FOR
FURTHER INFORMATION CONTACT, above.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
4. Collection of Information
This proposed rule will not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).
5. Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this proposed rule under that Order and
determined that this rule does not have implications for federalism.
6. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the ``For Further
Information Contact'' section to
[[Page 39405]]
coordinate protest activities so that your message can be received
without jeopardizing the safety or security of people, places or
vessels.
7. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this proposed rule will not
result in such an expenditure, we do discuss the effects of this
proposed rule elsewhere in this preamble.
8. Taking of Private Property
This proposed rule will not cause a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
9. Civil Justice Reform
This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.
10. Protection of Children From Environmental Health Risks
We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This proposed rule is not an economically significant rule and
does not create an environmental risk to health or risk to safety that
may disproportionately affect children.
11. Indian Tribal Governments
This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
12. Energy Effects
This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
13. Technical Standards
This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
14. Environment
We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01 and Commandant Instruction
M16475.lD, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have determined that this action is one of a category of actions that
do not individually or cumulatively have a significant effect on the
human environment. This proposed rule involves establishing a temporary
RNA. This proposed rule is categorically excluded from further review
under paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An
environmental analysis checklist supporting this determination and a
Categorical Exclusion Determination are available in the docket where
indicated under ADDRESSES. We seek any comments or information that may
lead to the discovery of a significant environmental impact from this
proposed rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.
0
2. Add Sec. 165.550 to read as follows:
Sec. 165.550 Regulated Navigation Area; Ice Covered Waterways within
the Fifth Coast Guard District.
(a) Regulated area. The following area is a Regulated Navigation
Area (RNA): The navigable waters of the Fifth Coast Guard District, as
described in 33 CFR 3.25.
(b) Definitions. As used in this section:
(1) Designated representative means any Coast Guard commissioned,
warrant, or petty officer who has been authorized by the cognizant
Captain of the Port (COTP) to assist in enforcing the RNA area
described in paragraph (a) of this section.
(2) Official patrol vessel means any Coast Guard, Coast Guard
Auxiliary, state, or local law enforcement vessel(s) assigned and
authorized by cognizant COTP.
(3) Horsepower means the total maximum continuous shaft horsepower
of a vessel's main propulsion machinery.
(4) Cognizant COTP means the Coast Guard Captain of the Port with
jurisdiction over the geographic area affected.
(c) Regulations. (1) The general regulations governing Regulated
Navigation Areas found in 33 CFR 165.10, 165.11, and 165.13, including
the Regulated Navigation Area described in paragraph (a) and the
following regulations, apply.
(2) Except as provided in paragraph (c)(3) of this section, vessels
of certain characteristics are not authorized to enter or transit
within this RNA when the cognizant COTP determines prevailing ice
conditions threaten the navigational safety of vessels. The cognizant
COTP or designated representative will evaluate local marine
environment conditions prior to issuing any control measures regarding
vessel navigation. Control measures that may be implemented include,
but are not limited to, vessel restrictions associated with horsepower
and hull material type, and the requirement to participate in vessel
convoys.
(3) Any deviation from the requirements set forth by the cognizant
COTP per paragraph (c)(2) of this section must be authorized by the
Coast Guard District Commander, the cognizant COTP, or a designated
representative. Vessels not meeting the requirements established by the
cognizant COTP that are granted permission to enter or transit the RNA
must do so in accordance with the directions provided by the cognizant
COTP or designated representative. To request permission to transit the
regulated navigation area, the COTP or COTP representative can be
contacted on VHF-FM channel 16 (156.8 MHZ) or via telephone, as
follows:
(i) COTP Delaware Bay: 215-271-4940;
(ii) COTP Baltimore: 410-576-2693;
(iii) COTP Hampton Roads: 757-483-8567;
(iv) COTP North Carolina: 910-343-3882.
(4) The cognizant COTP will notify the public of restrictions via
the methods described in 33 CFR 165.7, through the Coast Guard Homeport
Web
[[Page 39406]]
site, Broadcast Notice to Mariners, Marine Safety Information
Bulletins, and through email listservs. The Coast Guard vessels
enforcing this RNA can be contacted on marine band radio VHF-FM channel
16 (156.8 MHZ). The cognizant COTP and his or her designated
representatives can be contacted at telephone number listed in
paragraph (c)(3)(i) through (iv) of this section. Additionally,
official patrol vessels may be on-scene to advise the public of
enforcement of any restrictions on vessel navigation within the RNA.
(5) The Cognizant COTP or a designated representative will notify
the public of any changes in the status of this RNA via broadcast
notices to mariners on marine band radio VHF-FM channel 22A (157.1 MHZ)
or VHF-FM channel 16 (156.8 MHZ).
Dated: June 2, 2015.
Robert J. Tarantino,
Captain, U.S. Coast Guard, Acting Commander, Fifth Coast Guard
District.
[FR Doc. 2015-16808 Filed 7-8-15; 8:45 am]
BILLING CODE 9110-04-P